← Library
Madras High CourtCMP/746/2016dismissed

M.D. Gnanasekar, v. P. Kannaki,

2016-01-25Honourable Mr Justice T.Raja2 pages

C.M.P.No.746 of 2016 in C.M.A. No.SR89387 of 2015 T.RAJA, J.

This petition has been filed with huge and unexplained delay of 2586 days in filing the un-numbered appeal.

2.Learned counsel appearing for the petitioner would submit that after the decreetal order was passed, dismissing the petition for divorce in H.M.O.P. No.51 of 2002, the elders of the family were taking efforts to settle the matter amicably. As there was no possibility for re-union, after getting advice from the present counsel, they decided to prefer an appeal. In this process, the aforementioned delay of 2586 days had occurred. According to the petitioner, since the said delay was neither willful nor wanton, no prejudice would be caused if it is condoned.

3.This Court is not able to see any merits or any sufficient cause to condone the delay. As it is well settled law that everyday's delay has to be explained and no such explanation has been given in the present case, hence, this petition fails and the same is dismissed. Consequently, CMA No.SR 89387/2015 stands rejected.

25.01.2016 vga

T.RAJA, J.

vga C.M.P.No.746 of 2016 in C.M.A. No.SR89387 of 2015 25.01.2016